Massachusetts Ballot Panel Allows Race By Republican

By PAM BELLUCK

Published: June 26, 2002

BOSTON, June 25—
A state commission ruled today that Mitt Romney, the Republican candidate for governor, is eligible to run, despite contentions by Democrats that he did not comply with Massachusetts residency requirements while living in Utah for the last three years.

The Massachusetts Ballot Law Commission, composed of three Republicans, a Democrat and an independent, unanimously ruled that Mr. Romney had maintained his residency status in Massachusetts while serving as head of the Salt Lake City Olympic committee.

James Roosevelt Jr., general counsel of the Massachusetts Democratic Party, said the Democrats would not appeal the ruling.

''The point was to bring the truth out about Mr. Romney,'' Mr. Roosevelt said. ''I believe the facts are out and the legal process shouldn't be dragged on.''

Democrats had argued that the way Mr. Romney filed his taxes and other decisions he made while in Utah violated the constitutional requirement that a candidate for governor be a legal resident of Massachusetts for seven years before an election.

In 1999 and 2000, Mr. Romney paid state taxes as a Utah resident and as either a part-time resident or a nonresident of Massachusetts. He also received a $54,500 property tax break for a home in Park City, Utah, a discount for people who claim a primary residence in Utah.

The Democrats also pointed out that Mr. Romney had obtained a Utah driver's license and had bank statements and checks with his Utah address on them.

Until early June, Mr. Romney said that he had paid his taxes as a Massachusetts resident while in Utah. Later he acknowledged that in April, after deciding to run for governor, he amended his 1999 and 2000 tax returns to say he was really a Massachusetts resident.

Mr. Romney told the Ballot Law Commission that the mistake had been called to his attention late last year and that efforts to amend the returns were under way before he became a candidate. He suggested that his accountants had made an inadvertent filing mistake, which he did not notice at the time.

Mr. Romney also submitted utility bills, phone bills and Massachusetts property tax bills as evidence that he had maintained his Belmont, Mass., home as his legal residence while in Utah.

This afternoon, Mr. Romney was campaigning in Lee, Mass., by driving a hay baler and a milk truck in that rural western part of the state.

He said the Democrats' challenge on his residency ''was designed not to be a credible challenge to my candidacy.''

''It was designed to be an embarrassment,'' he said, ''and it ended up being an embarrassment not to me but'' to the Democrats.

''People do not want to hear about tricks to get me off the ballot,'' Mr. Romney said. ''They want the chance to either elect me or vote for someone else.''

Jane Lane, communications director for the Democratic Party, said the party did not regret challenging his candidacy.

''I think we raised legitimate questions about his eligibility for the candidacy, but more importantly about his lack of candor, about his not being forthcoming with the voters,'' Ms. Lane said. ''I'm confident that those questions we raised last week will continue to dog Mr. Romney throughout the summer.''